Supreme Court · 2013 INSC 65 · Decided 29 January 2013
Saraswati Devi (D) BY LR. v. Delhi DEVT. Authority & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 65 · [2013] 4 S.C.R. 922
- Case number
- CIVIL APPEAL No. 4373/2009
- Decided
- 29 January 2013
- Bench
- RAJENDRA MAL LODHA, ANIL R. DAVE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Land Acquisition Act Section 4
Headnote
Land Acquisition - Acquisition of land owned by Government - Whether pennissible - Held: If the Government C has complete ownership, such land cannot be acquired, but if some private rights have been created in such land or the land has some encumbrances, such land can be acquired - In the instant owned by Government, encumbrance was created by giving possessory D rights to the private party, hence could have been acquired under Land Acquisition Act - Land Acquisition Act, 1947 - s.4 rlw. s, 17(1)(iv). Words and Phrases - 'Encumbrance' - Meaning of. E The land in question was an
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